Idaho news. (Blackfoot, Idaho) 1887-1891, 1887-09-17
THE INDEMNITY LANDS.
The Secretary Issues some Nsi""oie
Information for settlers.

The Secretary ISSUES some
Information for SETTLERS.
Washington special! Acting Seere'
tary Muldrow Of the interior depart
ment to-day issued a circular IN answer
to many inquiries about the selection OF
indemnity railroad lands recently restored
20 the public domain.
The secretary, In this explanatory err
cular, says ''the order OF revocation ana
restoration includes all the lands within
the indemnity OF the grants, except such
lands as may be covered Ivy approved
selections, by which is meant selections
which have been examined and ap-
proved by the commissioner OF this
Office and the secretary Of the interior
II is provided, however, that the order
OF restoration shall not effect rights ac-
uuired by the grantees within the prim-
airy or granted limits Ut any other con-
gressional grant.
As TO the lands covered by unapproved
selections, applications to make thngss
and entries may be received, noted and
held subject to the claim OF the com
pat1y, of which claim the applicant must
be distinctly informed, and a memo
randa entered upon his papers.
Whenever such application to bill or
enter is presented alleging upon sutlici-
emit prima facie showing that the land
is not, from cause, subject to the COM
pany's right of selection, notice will be
given to the proper representative OF the
company which will be allowed thirty
days after the service of the notice,
within which to present objections to
the allowance of filing or entry
Should the company fail to respond or
show cause before the district land of
ficer why the application should not be
allowed the application for filing or
entry will be admitted, and the selec-
ton held for cancellation; but should
the company appear and show cause, an
investigation will be ordered under the
rules OF practice TO determine whether
the land is subject 10 the rights of the
company TO make selection of the same,
which will be determined by the regis
ter and receiver, subject TO the right OF
appeal by either party. When appeals
are taken from the decision of the regis
ter and receiver to this office in the
class Of cases above provided for, they
will be disposed Of without delay, and
if the decision should he in favor Of the
company and no appeal taken, the land
will be certified to the secretary of the
interior for approval for patent without
requiring further action on the part Of
the company, except the payment of the
required fees.
If the decision should be adverse
TO the company, and no appeal be taken,
the selection will be cancelled and the
filling or entry allowed, subject to COM
pliance with the law.
Lands which have not been selected
will be subject to settlement and entry
as public lands, and notice to the com
pany will not be required.
The secretary's order invoking said in
demnity withdrawal takes effect from
the date of the issue, so as TO open the
lands to settlement; but the filings and
entries of these lands will not be re-
ceiyed until notice of the restoration
shall have been given by public adver-
tisement for a period of thirty days, it
being the intention of the order OF re-
vocation that, as against actual settle
ment made thereafter, the orders of the
department withdrawing the lands shall
no longer be an obstacle. The rights,
both of the company and of settlers, at
taching prior TO the issue of the secreta-
rvs order. will be determined by the
facts in each case. The restoration as
ordered is to entry under the general
land laws relating to settlement.